If a gal seductively winks at a guy and later the gal gets quite tipsy and consents to sex, is it rape?

Please reference Lucy v. Zehmer to which I link below. In the case of Lucy v. Zehmer, two parties began contractual negotiations for the sale and transfer of a property. Both parties began drinking and, after several drinks, entered into a written agreement. The next day, Zehmer regretted the decision and sued to disaffirm the contract based on the claim that he was intoxicated and that his acceptance of the offer was merely in jest. A court reviewing the case ruled in favor of Lucy (i.e. the contract was enforced) because their prior negotiations demonstrated an intent to reach an agreement.





So, applying this concept, if a woman winks at a guy and later gets drunk and they knock boots, is that a demonstration of her intention that reinforces her drunken consent? And is any accusation of rape therefore dissolved that might arise afterwards? And is this nonsense that feminism forces men to consider the reason romance is dead?








http://en.wikisource.org/wiki/Lucy_v._Ze...

If a gal seductively winks at a guy and later the gal gets quite tipsy and consents to sex, is it rape?
The case you're referring to is a demonstration of contract law. Sex is not a legal contract. Expressed interest in performing it at one point does not obligate someone to follow through despite developed hesitations. A person has the right to revoke consent to have sex at any time. Nice try though.





Edit: No, it's not. In order for something to legally be considered a contract it must be enforceable by a court of law. By your own admission, sex as a contract is unenforceable. So maybe in a broad, everyday use of the term sex is a contract. But if you walked into an attorney's office and said that you wanted to file a breach of contract suit because a girl that winked at you refused to have sex later, they'd laugh in your face.





Edit 2: Oh God. Just give it up. The first definition in the dictionary is the broad-based definition. The second is the legal definition. That's the one that's applicable here. If you think sex is an enforceable legal contract, then by all means provide some precedence. Otherwise, I'm just going to have to assume that you're an idiot who is inexplicably trying to find a loophole that makes date rape legal.
Reply:Well, a wink is not the chick going up to the guy and saying, 'I plan to engage in acts of a sexual nature with you in the immediate future, but first I'm going to have a few drinks.' If you get drunk and regret having sex, I really don't think you have any right or reason to sue. If the guy got her drunk, like spiked her drink or whatever, with the intention of lowering her inhibitions so he could sleep with her, then it's rape.
Reply:I get uncomfortable with these type of rape questions since it trivalous rape. At the same time I can understand these type of questions since feminism has bastardsized the meaning of rape. I have no answers, just wanted to state my feelings.
Reply:Except that a wink can't (or shouldn't) be construed as an invitation to sex. And it certainly isn't a contract for sex.








You're quite silly, you know that? I hope you don't plan on becoming a lawyer when you grow up.
Reply:rationally speaking, you have a point.
Reply:A wink is NOT an agreement to have sex. It's called flirting.
Reply:not rape...ever
Reply:People can be raped when married - each sexual act has to be consented to, there's no overall consent forever.





sex is funny that way. (that was sarcasm, btw)





anyway, if getting sex with someone is as complicated as you describe I'd err on the side of caution and not bother with that individual.





I'm not some rabid feminist either. I'm just taking about common sense. Why would you take a chance with someone who is drunk? And possibly stupid? I know you want to get off (Yes, I understand that, really I do). But why chance having sex with a nutcase?





it will come back to bite you in the backside.





It's better to really know someone and be friends with them. Less likely to be surprised with a change of mind.
Reply:your wife of 10 years can wake up in the morning and say to her husband 'you raped me' and the courts and scumbag lawyers will automattically find him guilty.





Same double standard applies to single men when it comes to adoption. As a single male, I cannot adopt a child regardless of a clean history due to the fact that I might be considered a 'predetor' Whereas, single women, gay married couples, and lesbian couples can do as they wish.





The pendulum has swung to fat to the left.